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PEOPLE v. McADRIAN

No. 44535.

52 Ill.2d 250 (1972)

287 N.E.2d 688

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. JOSEPH McADRIAN, Appellee.

Supreme Court of Illinois.

Opinion filed September 20, 1972.

Attorney(s) appearing for the Case

EDWARD V. HANRAHAN, State's Attorney, of Chicago (ROBERT A. NOVELLE and HENRY A. HAUSER, of counsel), for the People.

GERALD W. GETTY, Public Defender, of Chicago (SHELVIN SINGER and JAMES J. DOHERTY, Assistant Public Defenders, and DENNIS R. TORII, Senior Law Student, of counsel), for appellee.

Judgment affirmed.

MR. JUSTICE DAVIS delivered the opinion of the court:

In this case we are asked to determine the propriety of the judgment of the trial and appellate courts on the issues of the application of the 120-day statute (Ill. Rev. Stat. 1967, ch. 38, par. 103-5(b)), and the waiver by the State of its contention that the May 7 discharge of the defendant for want of probable cause tolled the statute and that it did not begin to run again until the...

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